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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I live in MD with my husband and daughter. Recently the father

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I live in MD with my husband and daughter. Recently the father of my daughter (my ex-husband) has decided he wants to terminate his rights of our daughter. He has even went as far as sending a test message to my daughter to tell her what he wants to do and calling and asking my new husband if he is willing to adopt her. The custody was and divorce were in KY. Though my new husband, daughter and I feel this is answered prayer, is it legal, can we make this happen,who has to be the one to do this my ex or me and if so can we do it in MD instead of having to go back to KY?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


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1. Where does the father reside

Customer: replied 4 years ago.

He resides in KY

Thank you for your response. Jurisdiction regarding custody does appear to lie in Kentucky. However an action to terminate parental rights to permit a stepparent adoption may be properly filed in Maryland based upon the child's residence for 6 or more months. Therefore provided the biological father is agreeable to consent to the jurisdiction of the Maryland court, it appears that you would be able to terminate his rights and perform the stepparent adoption in Maryland
Customer: replied 4 years ago.

Will the biological father have to appear in court or can he just sign the papers stating that he is in agreement?

Provided the Court is convinced that the biological father has voluntarily and knowingly consented to the adoption, his appearance would typically not be required. Usually if the biological father is represented by counsel, the court will be more apt to agree that his relinquishment is voluntary and knowing. You may want to consider offering to pay for his attorney's fees in Maryland – the fees relating to representation for the father should be nominal
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